M/S. Sai Rukhraj Bar And Restaurent Thr. Parnter v. State Of Maharashtra Thr. Gp And ORS

Pallavi 37-wp-8791-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8791 OF 2022 M/s. Sai Rukhraj Bar & Restaurant ... Petitioner V/s.

State of Maharashtra & Ors.

... Respondents ------------------- Mr. Sujay Gawade a/w Ms. Sumedha Dhopate and Mudita Pawar i/b Shree & Co., for the Petitioner.

Smt. M.P. Thakur, AGP for the State.

--------------------- CORAM :S.V. GANGAPURWALA & MADHAV J. JAMDAR, JJ.

DATED :25th JULY 2022 P.C. :

1.

The appeal fled by the Petitioner is pending against the order dated 23rd June 2022 thereby cancelling the Petitioner' s Orchestra License. The appeal is not yet decided. 2.

In similar matter bearing Writ Petition No.7877 of 2022, the learned AGP had made a statement that preferably within four months, the appeal would be decided.

3.

The learned Counsel for the Petitioner submits that the Petitioner has also filed a stay application, which is also not yet by PALLAVI MAHENDRA WARGAONKAR Date:

2022.07.26 11:32:56 +0530 decided. According to the learned counsel for the Petitioner as the PALLAVI MAHENDRA WARGAONKAR appeal is filed, it would be axiomatic stay. Reliance is placed on the

Pallavi 37-wp-8791-2022.doc judgment of this Court in Bhaskar B. Bhosle v. State of Maharashtra 1.

4.

In light of that, we pass the following order:

ORDER

i) The appeal may be decided by the Respondent Authority preferable within four months from today.

ii) The Authority may decide the stay application filed by the Petitioner expeditiously. Till the stay application is decided by the Authority, the impugned order shall not be implemented against the Petitioner.

iii) The Writ Petition is accordingly decided. No costs. (MADHAV J. JAMDAR, J) (S.V. GANGAPURWALA, J) (20034) Mh.L.J. 328